Simpson's Friends To Testify Before Simpson Returns To The Stand
SANTA MONICA, Nov. 26 (Evening) -- Although O.J. Simpson finished testifying here Tuesday morning, his defense lawyer's promise to put him on the stand again in December ensures that the former football star will once again become the focal point of his civil trial.
But first the plaintiffs have to wrap up their case, which could end as early as the first or second week of December. Court is in recess for the Thanksgiving holiday until Dec. 3. When the case resumes, the plaintiffs are expected to call two lawyers who are also friends of Simpson -- Robert Kardashian and Leroy "Skip" Taft -- as well as another friend, Al Cowlings and his ex-girlfriend, Paula Barbieri by her videotaped deposition.
The plaintiffs plan to use the witnesses to impeach the testimony Simpson gave in the past three days.
Barbieri's deposition testimony will probably be used to point out inconsistencies in Simpson's testimony concerning a fight the model had with Simpson the evening before the murders. Her testimony will also cover a message she left on Simpson's answering machine the day of the murders, breaking up with him. Simpson said he never picked up that message, although phone records show he called his message service twice that evening.
Cowlings, who invoked his Fifth Amendment right not to testify about the low-speed Bronco chase in his deposition, will likely be asked about the 1989 domestic violence incident. Tuesday, plaintiffs' lawyer John Kelly, pointed out that Cowlings said in his deposition that Simpson jumped the fence while sneaking back on his property. Simpson said he did not. Kelly used the fence-jumping to draw a parallel with the murders at Bundy.
Taft is expected to be asked about cuts and abrasions on Simpson's left hand. Simpson has said that he arrived back from Chicago with only one cut on his middle finger. However, when he was examined two days later by Dr. Wayne Huizenga, who testified earlier in the trial, Simpson had three cuts and seven abrasions on his left hand. On the stand in the civil trial, Simpson said he could not be sure when he got the rest of the cuts on his hand, but maintained that he returned from Chicago with only one cut. Plaintiffs' lead attorney Petrocelli pointed out during Simpson's examination that Taft noticed more than one cut on Simpson's hand the day he returned.
Kardashian is expected to be asked about taking Simpson to pick up his golf clubs from the airport. Petrocelli contended during Simpson's testimony that Simpson may have used the bag in disposing the murder weapon. Kardashian may also be asked about the lie detector test Simpson took. Kardashian's testimony could present some dicey legal questions because, aside from being one of Simpson's closest friends, he was also one of his defense attorneys in the criminal case. Much of his testimony could be protected by attorney-client privilege.
Tuesday, when Robert Baker said that the defense had no questions for Simpson, he made his announcement in front of the jury -- letting them know that Simpson will return.
"Your honor I am sorry, I have changed my mind," Simpson lead defense attorney Robert Baker told Judge Hiroshi Fujisaki. "I will put Mr. Simpson on, and put on his testimony in our case, in December."
The defense has been very closed-mouthed about their trial strategy and lawyers refused to comment on their decision not to cross-examine Simpson.
While Baker's decision is surprising, legal experts also say it is a strategical move by the defense. However, they are divided on what it was designed to achieve.
Some experts say that the defense, generally happy with Simpson's testimony, is allowing him to watch the rest of the plaintiffs' case and regroup before taking the stand again. His testimony, like it did for the plaintiffs, will likely add momentum to the defense's case.
"I think there was a chance that if they examined O.J. today that would almost be it," said Steven Madison, a civil trial lawyer in Los Angeles. "The defense wants to make O.J. the centerpiece of their case."
But other trial observers say that the decision not to question Simpson could show the defense was very unhappy with his testimony.
"What the [defense] might be thinking, is that he looked so bad, that he got hurt, and that he hasn't responded to any preparation," says Barbara Allen Babcock, a professor at Stanford Law School and former trial lawyer. "Maybe they just don't want to risk it right now."
-Robert Schmidt
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